Colley v. Conseco Medico Insurance

GILMAN, Circuit Judge.

In this diversity of citizenship action, Patrick H. and Diana M. Colley, a married couple residing in St. Clair County, Michigan, sought to recover under a health insurance policy that was rescinded by Conseco Medico Insurance Company, a corporation based in Rockford, Illinois. Conseco issued the policy after receiving a completed questionnaire regarding the Colleys’ medical histories and conducting a telephone interview with Diana. It contended that the Colleys’ right to recover under the policy was barred because of various material misrepresentations that Diana made…